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| 1 | AN ACT concerning identification.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 3. The Illinois Identification Card Act is amended | ||||||
| 5 | by adding Section 14D as follows: | ||||||
| 6 | (15 ILCS 335/14D new) | ||||||
| 7 | Sec. 14D. Limitations on use of identification card | ||||||
| 8 | information. | ||||||
| 9 | (a) When information is obtained from an identification | ||||||
| 10 | card issued by the Secretary of State to identify or prove the | ||||||
| 11 | age of the holder of the card, or in the course of a commercial | ||||||
| 12 | transaction, that information may be used only for purposes of | ||||||
| 13 | identification of the individual or for completing the | ||||||
| 14 | commercial transaction in which the information was obtained. | ||||||
| 15 | Information obtained from an identification card issued by the | ||||||
| 16 | Secretary of State may not be used for purposes unrelated to | ||||||
| 17 | the transaction in which it was obtained, including, but not | ||||||
| 18 | limited to, commercial solicitations. Information obtained | ||||||
| 19 | from an identification card issued by the Secretary of State to | ||||||
| 20 | identify or prove the age of the holder of the card, or in the | ||||||
| 21 | course of a commercial transaction, may not be sold, leased or | ||||||
| 22 | otherwise provided to any third party. | ||||||
| 23 | (b) As used in this Section, "information" on an | ||||||
| 24 | identification card issued by the Secretary of State includes | ||||||
| 25 | readable text on the face of the card and information encoded | ||||||
| 26 | or encrypted into a bar code, magnetic strip, or other | ||||||
| 27 | electronically readable device on or in the card. | ||||||
| 28 | (c) Any individual whose identification card information | ||||||
| 29 | has been used in violation of this Section has a cause of | ||||||
| 30 | action against the person who violated this Section. Upon a | ||||||
| 31 | finding that a violation did occur, the individual whose | ||||||
| 32 | information was used in violation of this Section is entitled | ||||||
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| 1 | to recover actual damages, but not less than liquidated damages | ||||||
| 2 | in the amount of $250 for each violation, plus attorney's fees | ||||||
| 3 | and the costs of bringing the action. | ||||||
| 4 | (d) Use of information contained on an identification card | ||||||
| 5 | issued by the Secretary of State is not a violation of this | ||||||
| 6 | Section if the individual whose information has been used gave | ||||||
| 7 | express permission for that use, or if the information relating | ||||||
| 8 | to the individual was obtained from a source other than the | ||||||
| 9 | individual's identification card issued by the Secretary of | ||||||
| 10 | State. | ||||||
| 11 | (e) This Section does not apply to any agency of the United | ||||||
| 12 | States or to the State of Illinois or any of its political | ||||||
| 13 | subdivisions. | ||||||
| 14 | Section 5. The Illinois Vehicle Code is amended by adding | ||||||
| 15 | Section 6-117.1 as follows: | ||||||
| 16 | (625 ILCS 5/6-117.1 new) | ||||||
| 17 | Sec. 6-117.1. Prohibited use of driver's license | ||||||
| 18 | information. | ||||||
| 19 | (a) When information is obtained from a driver's license to | ||||||
| 20 | identify or prove the age of the holder of the license, or in | ||||||
| 21 | the course of a commercial transaction, that information may be | ||||||
| 22 | used only for purposes of identification of the individual or | ||||||
| 23 | for completing the commercial transaction in which the | ||||||
| 24 | information was obtained. Information obtained from a driver's | ||||||
| 25 | license may not be used for purposes unrelated to the | ||||||
| 26 | transaction in which it was obtained, including, but not | ||||||
| 27 | limited to, commercial solicitations. Information obtained | ||||||
| 28 | from a driver's license to identify the holder of the license, | ||||||
| 29 | or in the course of a commercial transaction, may not be sold, | ||||||
| 30 | leased, or otherwise provided to any third party. | ||||||
| 31 | (b) Any individual whose driver's license information has | ||||||
| 32 | been used in violation of this Section has a cause of action | ||||||
| 33 | against the person who violated this Section. Upon a finding | ||||||
| 34 | that a violation did occur, the individual whose information | ||||||
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| 1 | was used in violation of this Section is entitled to recover | ||||||
| 2 | actual damages, but not less than liquidated damages in the | ||||||
| 3 | amount of $250 for each violation, plus attorney's fees and the | ||||||
| 4 | costs of bringing the action. | ||||||
| 5 | (c) Use of information contained on a driver's license is | ||||||
| 6 | not a violation of this Section if (i) the individual whose | ||||||
| 7 | information has been used gave express permission for that use | ||||||
| 8 | or (ii) the information relating to the individual was obtained | ||||||
| 9 | from a source other than the individual's driver's license. | ||||||
| 10 | (d) This Section does not apply to any agency of the United | ||||||
| 11 | States, the State of Illinois, or any other state or political | ||||||
| 12 | subdivision thereof.
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